Commercial litigation

We offer practical and cost effective advice and court representation to keep your business running.

Our team has experience across a broad range of legal areas including civil and commercial litigation, property and commercial law, construction and payment disputes, trusts disputes, inheritance disputes and company disputes. We act for both claimants and defendants.

our services

How we can help you

See us for a consultation to obtain commercially sensible advice as to your rights and obligations.
For claimants

Initial consultation

$198 / $385 inc GST

The starting point is to talk to us. For a general discussion, book a 30 minute consultation. If you definitely want to commence proceedings (or you have already commenced proceedings), book a 60 minute consultation.

At your consultation we will discuss:

  • The possible causes of action;
  • Prospects of a counter-claim;
  • Alternative avenues for resolution;
  • Will the respondent be able to pay?
  • How much will it cost?

Assessment

The outcome of most court cases turns more on the facts than on legal principles. So before commencing proceedings it’s important to assess the strengths of your case and the prospects of success. This can be time-consuming, but properly undertaken will save money and possible embarrassment in the long term.

We will:

  • catalogue and review relevant written material (contracts, correspondence, memoranda etc);
  • take from you a statement of your evidence cross-referenced to the documents;
  • consider the applicable legal principles;
  • deliver to you a written or verbal suggested strategy (or alternative strategies) based on what we learn;
  • make you a written offer (quote) for the further services that we expect that you will require.

Because we have no way of accurately calculating the time involved in advance. We charge for assessments on a timed basis. At your initial consultation, we will give you some indication of the approximate cost.

Mediation and negotiation

Most matters are resolved before trial, either at court-convened mediations or by negotiation. Subject to your instructions we will always explore the prospects of a mediated or negotiated settlement.

Points to consider:

  • Negotiations are best conducted with a full appreciation of the strengths and weaknesses of your case.
  • Most litigation is not clear-cut – if so it’s usually wise to consider a compromise. On the other hand if the outcome is not in doubt, you should not feel obliged to discount your claim.
  • Negotiate from a position of strength, and follow through with any threatened action.
  • Don’t over-invest in negotiations. Your opponent may attempt to maximise a weak position by engaging you in protracted discussions in the hope that you will simply give in to save time.
  • Sometimes it’s productive for you to communicate directly with your opponent (but not his lawyer). We strongly recommend that you first discuss with us proposed communications.
  • Often a good compromise occurs when neither party is satisfied with the outcome.

Litigation

Please refer to The litigation process for a summary of the procedures. We will bill you progressively for the expected stages of the litigation.

Most litigation (about 95% in the Supreme Court of WA) is resolved before trial. If your matter settles, we will not charge you for stages of work that we have not actually commenced.

Why choose us

Our experienced lawyers provide great service at competitive prices.
01.
Benefit from our experience

We’re a law firm with more than 35 years’ experience in litigation and dispute resolution. From straightforward debt collection to Supreme Court trials, these are core services of our firm.

02.
Excellent value for money

We price our services fairly and transparently. We advertise fixed prices for standard services. Otherwise, we will analyse your requirements before issuing a written quote.

03.
100s of happy clients

Our goal is to anticipate your needs and exceed your expectations. We offer friendly and efficient service. Read what our clients say.

Meet our team

We’re a tight-knit, multi-disciplinary team of lawyers, legal executives, accountants and software developers.  We’re also passionate community leaders, sportspeople, podcasters, musicians, parents… and proud that these interests inform our professional lives.

Legal Practitioner Director
Nigel is an experienced lawyer who leads the firm’s litigation and dispute resolution team. Having worked for Birman & Ride since 2011, he has experience in a wide variety of litigation matters including deceased estate litigation, family provision claims,……
Legal Executive
Angus joined the team in 2018 as part of the firm’s law cadetship program. He holds a Bachelor of Arts from UWA, majoring in Politics & International Relations and Business Law, and is currently studying the Juris Doctor at……
Legal Executive
Grace joined Birman & Ride in 2020 as part of the firm’s law cadetship program. Grace comes from a background of hospitality and retail work, where she gained valuable skills in customer service. At Birman & Ride, Grace works……

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From our blog

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